The Journal Times from Racine, Wisconsin • 8

I. west. p. m. r.

a gnp Of nana Dakota died on ger regains the Manila fight as the be-Tueaday of consumption. J. M. Device ginning of the general attack on the 4:50 d. m.

North and south. pipM nan mm tm imH tiotia of detail In connection with the uiuu of 8paaib gtojct in MM xr- omly mmn I la lieutenant 1 jjlHIiBI 6:60 p. m. South, east, west. p.

m. North. not Ha cum. TIIE HACTNE DAILY JOtliXAl. "WEDNESDAY AFTEBKOOJT, AUGUST 10, 189S.

ARE LICENSE FEES TAXES? A NEW FIFTH WARD SCHOOL Royal makes the food pare, wholesome and delicious. Is the Oid Structure Dangerous and the Floors Liable to Collapse? 3 Bicycle Repair IS AN IMPORTANT 0UESTI0N nn Dtwuulon by Heiobrrt of the Board of i UucaUuu Leads to Inquiry Floor mWg ln tbe Center The Wall Look AH Bight. POWDER Absolutely Pure Shop Repairing and Enameling done on short notice at reasonable prices. WORK WARRANTED. SATISFACTION GUARANTEED.

QIVE US A CALL AND WE WILL SOVM. SAKINQ SOWN 00., NfW VOSK. PLBAsffi NELSON 63 COLLEGE AVENUE. SUB SIXTH STREET. es BRIGHTON.

Brighton, Aug. 8, 1808. Most of the stacking is done; the hum of the threshing machines are heard. Frank Bullis and Roy Wilson were visiting friends in Dover Sunday. Miss Edith Freuer ami Miss Florence Belle took a ride to Union Grove Saturday on a load of oats.

John Enjjelhardt is having a well drilled, Oscar Krueger contractor. Mr. Cull delivered his wool at Burlington Saturday. Mrs. Chas.

LiUenberger and daughter were visiting with her sister, Jennie of a box of Tidyman's FINE CANDIES for a service or privilege from which a special measureable benefit is derived, and normally does not exceed the cost of the service a tax is a payment where the special benefit is merged in the common benefit, or is converted into a burden. Quotations and decisions might be multiplied, but enough has probably been said to convince any fair-minded man that Gov. Seofield acted strictly within the law, ami as he was compelled to do under his oath of office, when he vetoed the bills for taxing express and sleeping-car companies. A PLEASANT OUtTnG. Enjoyed by the Mjrgatt Croklnolo Club to Milwaukee and White Fish Kay.

The MygatU Crockinole club, which is composed of the following ladies uh gentlemen: Mr. and Mrs. Geo, Van Wie, Mr. and Mrs. Ed.

Lewis, Mr. and Mrs. Walter Rowley, Mr. and Mrs. John Parker, Mr.

and Mrs. Henry Lewis, Mr. and Mrs. Ed Faneher, enjoyed a pleasant trip to Milwaukee and White Fih bay, on the steamer City of Racine last Saturday afternoon. The day was an ideal one for a lake excursion and the presence of Rawson's band added much to the enjoyment of the occasion.

The only drawback (and these are always more or less) was the absence, at first, of a pail, and the boxes being so heavy, but these were soon overcome and forgotten in the enjoyment of what followed. All went well until time to take the boat, when counting up it was found four of the crowd were missing and these all ladies. Where they were no one knew. There was much wondering and planning to take electric cars home, when just as the clock struck 8 they all four appeared at the dock and were gladly received by the rest, so all returned on the boat, happ3' and well pleased with their trip. The Sewing society will meet with Mrs.

Ed. Lewis on Wednesday afternoon at 2 (o'clock. Miss Emma Williams has returned home, after spending a pleasant week visiting Mr. and Mrs. Walter Rowley.

COUNTY NEWS, HUSHER. Ilusher. Ang. 9. 1S98.

Miss Lizzie Younpr has been engaged as school teacher in district No. 4, this year. Charles Gerke and Fred Strangman made a trip to Racine with their bicycles last Sunday. ft Attorney Krenzke, ofRacine, visited with friends and relatives Saturdey evening and Sunday. Quite a few people from here attended the misnion festival held in Rev.

Bern-thal's church in Oakwood. Sunday. Guatav Berg and Christian Erb, of Racine, spent last week at the home of their jmrenta. Rev. H.

Monhardt, former pastor of the Lutheran church in visited some of his friends here one day last wtek. Otto (lerke, who has been ill -for quite a while, left for Hacine to sHnd a few weeks there for a change of life. Friends of Charles lloppo, who was killed by the train last Thursday, say that the. deceased wa-s not a Bohemian as reported, but a German by he having Iteen born in Prussia Miss Ida Berg will depart for Minnesota tomorrow to visit her friends and relatives there in St. Paid.

Austin, Red Wing and other places. She will be accompanied by Mi. John llernlem who has been visiting here for the last three weeks. Threshing has begun. Nearly all the grain around Husher will be threshed by the Berg, Meisner Erb Threshing Co.

This company threshes for two and four cents per bushel and from the whole amount procured at a place they deduct ten per cent. Mr. Erb, a member of that company, said that as a natural result of the numerous threshers making such low offers they made slight concessions, that they thresh ten per cent cheaper this year although they would have secured enough jobs without making the Bristol, a few days last week. i Mr. Ed.

Carroll had business at Kau-sasville Saturday. Mr. and Mrs. Joe Sniithsbn, Mr. Chas.

H. Rhodes and sister Mary Ann spent Sunday at Honey Creek. Mr. and Mrs. Henry Sheard and daughter were the guests of Mr.

Wilber Burgess and family Sunday. Christ got badly kicked with a horse last Wednesday evening. Mr. Paul Christensen spent Sunday in Yorkville. Mr.

and Mrs. Louis Rhodes started last Tuesday morning on a trip to Iowi and Dakota where they will spend about two weeks. Mr. Frank Dixon and sister, Lucy, are attending the teachers' institute at Wihnot this week. Mr.

and Mrs. W. J. Sears of Union Grove visited Brighton friends Sunday last Mr. Ab.

Bell and son, Cliiford, of Los Angeles, were the guests of Mr. James Rhodes last Thursday and Friday. Mr. and Mrs. Alvin Hulett and daughter of Racine, visited Kansaaviil and Brighton friends Sunday and Mondav.

Is the old part of the Fifth ward school building, which was creoted way back in 1850 ur lv: a dangerous coudiuou? Til i quesUou has betu aked duxeu tiuMu the past few days, the iuu-rvst being aroused by a controversy that occurred at the meeting uf tue board of education Monday night. -in. time ago the emu lu it tee on build-itars and repairs reported that rooms in the liarheld school needed repairs and recommended that souve of the rooms be papered. The report was adopted. At the.

meeting Monday night another report was presented in favor of papering other rooms, so as to have all alike. There was a discussion ami several of the argued that the old building was not fit to spend any money on and that the sooner it was reduced to a scrap heap the better. Then it was claimed that papering the rooms was dangerous from a sanitary view, that should children attend school who were infected with typhoid or scarlet fever, or other contagious diseases, that the germs' would get in the paper and remain there for years and that when the attention of the boaTd of health called for investigation the paper would be torn down. One of the commissioners said that there were some things he Mould like to say in regard to that old building that would no doubt surprise the board and the intimation was that it was dangerous and to collapse. Finally it was decided that no paper should be placed upon the oralis and that the matter should be left to the committee on repairs and with the understanding that the walls be calcimined instead of papered.

A reporter visited the old building vesterday and found the walls in bad shape, so far as the eye could detect, but the floors, both up and down stairs, inclined to tlie center of the rooms and the door sills aNo pointed 'hat way. It was learned that the lower floors had sunk to an alarming extent at one time and that they were jacked up. but there were no foundation walls to hold up the partitions, etc. There are many who claim that the floors of the huUding are not safe, but tho Journal is rt. prepared to uywrather Kbit ll true or not.

A builder i the proper person to pass MDOfl the important question. CornmiiHter torso stated at the meeting the board that the building would stand forty year. If the place i dangerous it i the duty of the board of education to no report at once and see to it thnt the tlisir are made safe. Hut the real danger at the school is not of it. collapsing, but in case of tire.

Many of the commissioners claim that it is the worst fire trap in Racine. That the stairways are not adequate allow the hundred children to get out and that even if they did start down stairs they would meet large children from other stairway and that a hundred or perliaps more would never get out alive. It must be admitted that the stairways are very oarrow and dangerous. Means pleasure and gratification to those who are regaled with the choice flayoiej and smooth, creamy, delicious consistency of oar chocolates, bon-bons and carmela. Try a 'jonnd of "Bitter Sweets" the best chocolate made tor warm wenthei.

Ice Cream, Ices aud Soda Water. All candies strictly fresh. Give us a trial. V' The New Bon Ton 223 SIXTH STREET. Wm Gov.

otield Justified in Vetoing: the tjprrs, and Meeting-Car Bills. By K. K. Konnaa, President Wisconsin Tax Commission. Milwaukee Sentinel of Jufty 24: An effort has been made to show that Gov.

Scotield, by his vetoes of the bills for taxing express and sleeping-car companies evinced a desire to relieve these corporations from taxation. If his vetoes were based upon insufficient legal grounds there might be room for such a suspicion; but if, as he claimed, the bills would have been unconstitutional and void, he simply did his duty, and incidentally a public service, by calling attention to the fatally defective manner rti which the bills were passed. His reason for vetoing these bills was briefly stated as follows: This bill i returned for the reason that It toiled of proper enactment. In its passage there was disregarded tha very explicit direction of the constitution that in "the passage in either house of the legislature of any law which imposes, continues or renews a tax the question shall be taken by yeas and nays, and three-fifths of all the members elect to such house shall in all cases be required to constitute a quorum." It has beeni publicly claimed that the reason above given was a mere subterfuge; that the bills were valid enactments and did not require a yea and nay vote, as they were not strictly laws which imposed, continued or renewed a tax. This contention can only be made upon the theory that the license fees provided for in the bill were not a "tax" within the meaning of the word a3 used in the constimtion.

That such a contention is made in good faith is hardly conceivable to any one. familiar with the history of legislation in the state upon this subject, and with the views of our Supreme Court as enunciated in a long line of important decisions. The question is by no means! a new one. As long ago as April 1854. the legislature pasaed an act entitled, "An Act Taxing Railroads and Plankr.tads." This law required railroads and plaukroad companies to pay 1 per centum of the gross earnings of their respective roads, and, as if to settle forever the question of whether or not this was a tax, further provided that: "this amount of tax shall take the place and be in till of all the taxes of every name and kind upon said road "and it shall not be.

lawful to levy or assess thereon any other or further assessment or tax for any other purpose whatever." The validity of the bill was contested upon two grounds, of which was that it was unconstitutional because not pasaed by a yea and nay vote. Upon this point, K. i. Ryan (afterwards chief justice of the Mate,) who was one of the lawyers in the case, said: "As this act, beyond controversy, im-Hise a lax, it was not constitutionally pacd; and all it provisions are indubitably void. For the constitution requires the passage forma el movO, uot of the particular provision or section imposing a lax.

but of the entire body of any law whiVh impose, etc. "The state ha- only two powers by which it can take private property for public the one, the right of public domain; the other, the power of taxation. "The act must rest on one of these powers. It is of course idle to pretend that it rests upon the right of eminent domain and such a pretense would not aid it.s constitutionality. It rests upon the power of taxation, 'operating upon a class of persons in a community, by a rule of Unfortunately only a fragment of the decision of the court in this case was preserved and the justices who sat in the trial of the case were afterwards not agreed as the precise effect of the decision.

Chief Justice Cole stated that "they did not decide that it (the law) did not impose tax;" while Justice Smith thought otherwise. (See Kneeland vs. City of Milwaukee, 15 Wis. 524.) Whatever the effect of that decision may have been, there was no uncertainty about the ground taken by the Supreme Court in the case of Ex rel. Attorney General vs.

W. L. F. R. Plankroad Company, 11 Wis.

35, which was decided in 1800, and related to this same law of 1854. After an able and convincing argument, in which the distinction between a tax and a lieeosc, was pointed out. Judge Paine said: "The legislature did not call this a Keense, but honestly called it a tax, as it is beyond all question. And we cannot but feel that to attempt to impute to it the character of a license, would be a mere strained evasion of the constitution." In speaking of railroad license fee In 1771, Chiff Juatlea Dixon soldi "The payment of this sum Into the state treasury, and which oattad lloMM money, mutt, in the light of past legislation upon th" tubjfcU be regardwd in the judgment of Mm legislature, un r-qulvulmt fur the taxes which those coin panic would otherwise be required to pay if asfsed and taxed according to the ordinary method prescribed by law. M.

St, P. U. Co. vs. Crawford County, 29 Wis.

110. In the case of State ex rel. M. Republican Mute Convention. For this occasion the C.

N. W. Ry. Co. wilr- sell excursion ticket Racine to Milwaukee and return, on Aug.

1U and 17. gixl returning until Aug. 10 for "0 ceiH CLOSING OUT pose involuntary burdens for revenue purposes upon those who operate railroads. These impositions are called licence fees, but their objects and effects are in the nature of taxes. Manifestly the same rules which prevail in the construction of statutes imposing taxes eo nomine should be applied to statutes imposing such license fee." Decisions of a similar character from other states might be cited, but the views of our own legislature and Supreme Court are eoosclusive in this case.

The bills which Gov. Seofield voted were originally entitled: "An act to define express companies, and to define the mode of taxing the same and to fix the rate of taxation thereon," and "An act to provide for the taxation of owners and leasees of palace cars, drawing-room can and sleeping-car." Certainly If these bills did not contemplate the imposition of a tax, they were open to the constitutional objection that their subject was not expressed in the title. It is probable that much of the doubt which has arisen, or at least been expressed, as to the right of the governor to veto the express and sleeping-car bilk, is due to the fact that the payments to be made by those companies are usually spoken of as license fees, and there are numerous decisions in this state and other states that licenses (in the strict legal sense of a permission to do what it would otherwise be unlawful to do) are not taxes. For example, in the case of Richland County vs. Village of Richland Center, 59 Wis.

591, our supreme court held that the licensing of the sale of intoxicating liquors wa3 not an exercise of rfie taxing power of the state to raise revel ue, but of the police power. But there is a clear distinction, recognized by the highest authorities on taxation, between licenses which for their purpose merely regulation and restraint, and license fees for revenue, which are in effect taxes. Thomas M. Cooley in his great work on "Taxation" says: A license, is a privilege granted'by the state, usually on payment of a Valuable consideration, though this is not essential. "Fees, When a Tax The terms in which a municipality is empowered to grant licenses Mill be expected to indicate with sufficient precision whether the grant is conferred for the purposes of revenue, or w' ether, on the other hand, it is given for regulation merely.

"If a revenue authority is what seems to be conferred, the extent of the tax, when not limited by the grant itself," etc. In "Burroughs on Taxation" 146) we find the distinction tersely stated as follows: "When the amount of the fee is only such as would probably cover the ex-peaaa of enforcing the regulations of the -tattf a- to the particular calling, it is under the police power, but. when the fee is linger than is necessary for such purpoat, and is exacted with reference to revenue, the licenJm is issued under the taxing powpr of tho state." But probably the moat exhaustive and thorough discti.iou of the distinction between license- an 1 taXCS rail be found in "Seligtnan's Essays on Taxation" (p. 274 ct While his discussion of the question is from an ecommiic rather than a- legal standpoint, he shows clearly the confusion into which many of the courts have drifted through their inability to draw the exact line between fees and taxes. The following brief extracts from his chapter on "Fees" will give an idea of the liue of reasoning which he follows: First, a tax is levied as a part of a common burden: a fee is assessed as a payment for a special privilege, A second distinction between fees and taxes is that a fee does not normally exceed the cost of the particular service to the individual.

But if the government seeks to make a monopoly and charges more than C03t, then as before the special benefit to the individual may be said relatively to diminish as the charges increase, until finally the exaction becomes so great that the special benefit is merged in the special burden and the charge becomes, not a counter-payment, but a special tax. If the charge is less than cast, the special benefit is pro tanto converted into a common benefit, until finally there is no charge, because it is all burden, and no special benefit. This point of view helps us out of a difficulty as to the line of cleavage between fees and taxes. Thus, if a charge it made far the coat of judicial process, the payment i a fee because of the special bwietlt to the litigants If no charge is made, the cost of the process must bo defrayed by general taxation i and the litigant pay hl share In general raxes. If the charge tl arranged as to bring is eonaltlprnhle net revenue to the government, thn payment by the litigant Is a tax not a general tax rut nil tax payers, mt a special Ui on litigants, like the tax on lawsuits in some of our southern commonwealths.

A third distinction between fees and taxes may be found in the conditions attached to the service which the government performs. Tt may be said that in the case of a fee the governmernt does some particular thinir in return, while in the case of a tax it give no special service. The truth which the judges have vasruply seen, and which they have attempted to realize in their decisions, then, is simply this: A fee is a payment Having sold my entire stock of Groceries, I will Mil for cash during this month at lowest possible prices, thus glviue: yon an opportunity to secure genuine bargains on every article you purchase, including also Dry Goods, Crockery, (J lass ware. Notions, etc. This is a bona fide sale, and I have only a few weeks left in which to reduce the stock, wh'ch must and will ba "Our Nation ill War," a most interest Ing hWtory of the present, struggle with Bpain, is now ready for distribution at the Journal office.

Ten cents a part. No. 1 Is now ready for distribution. Spcriuian copy can be seen at this office. Low Itnles lo Omaha.

On Aug. 14 and 15 the C. 4 N. Ry. will sell ticke4 Racine to (hnaha and return ith1 until Aug.

25. andum Aug. 20 and 21 until Sept. 1 for sold. L.

G. SCHAEFER 622 HIGH STREET, FUN WITH CHICKENS. $50C0 Will buy a good lot 0125 with 20 foot alley on Green Street North of Goolt Street Wm. Henry Jliiier 213 SIXTH STREET. Piper Park.

Situated midway between Racine and Kenosha, leased, fitted up and controlled by the Milwaukee, Racine Kenosha Electric Railway company for the use of their patrons. Nature has made this park one of the loveliest spots on the lake shore between Milwaukee and Chicago. It lays thirty feet above the lake, making passing steamers and vessels in plain view and has a nice beach for bathing. The grove is dense and spacious. Tho company has fitted up the grounds with stairs leading down to the beach, also with seats, talJes, swings, ladies' and gentlemen's toilets and a good well of water.

This park is free to all traveling by M. R. K. conveyance, the1 ask no other revenue. The fare from Racine or Kenosha is 20 cents for the: round trip.

No extensive picnics allowed on Sundays although families may occupy the grounds in a quiet way on the Sabbath dav. No betting or games of chance will be'alhnvcd; the sale of intoxicants of any kind is forbidden. No teams will be allowed in the park, as we wish to observe the most strict sanitary measures. Parties wishing to go by other conveyance than the M. R.

K. or parties desiring, to camp in tents on these grounds must in advance consult J. M. Blatt, superintendent M. R.

K. E. Rv. Co: CHAS. ALBERT CO.

PUT TO THE TEST. Machinists andEngineers MANUFACTURERS AND REPAIRERS OF MACHINERY. PATTERN AND MODEL WORK. C. P.

CARRCO Graduate of University of Maryland School of Medicine, lialliniore. 314- MAIN STREET. RACINE. OFFICE 8:00 10 ,,:3 Morning. to 4:00 Afternoon.

HOUR: 7:00 lo 8.0U 1 vying. Experience of a West Side Gentleman with Hens That Want to Set. A West side man is having lots of experience and some little fun with hite chickens, and especially with old hens that want to ait. He, has succeeded in "breaking them up," all except on? matronly old Buff Cochin, who rather got ahead of him. Pome four weeks agi she took to the nest with a dreamy, far-off look in her eye, that indicated that she was going to have a brood of chickens from- that china, nest egg or know the reason why.

The man took her oft the nest turned her into a vacant lot, but calmly proceeded to ait on a fragment of a brickbat, right out in the fierce sunshine. Then he shoved her into a barrel with about three inches of water In it, but the next morning he found her crouched in tho water, and ho says she actually wtoked, and gave him a confidential (Tjyk a much as to say, "This jsn'i a bad, old man, for a hot day." Finally he sewed a wide bandage around old Biddy, with a lot of sharp nails fastened In 4t ao the nail would prod htr If she sat down, though she omit roost on a psrreh Jl right. Well, Ihtngs ran on, and the man sort of forgot bout his arnmr-pUud hn. Yeatarday momlnff disarmed hT cuddled down In the shadrtw of a bag cabbage plant. nd thr do say chat lit the net she had scratched for herself she bad nearly a pound and a haM of bright, tte-pennv nails that aha was lovingly hovering.

Hotneseekera Kxcarsion. Tickets will be sold by the 0. H. W. Ry.

to points vest -north west and southwest) on Aia. 1, Sept. ftth'to for one faro plus 2 for round trip. Enquire for particulars of Agent. 4 N.

W. Ry. The battle of Qun.sira. in which Roosevelt's and Wood' Rough Riders reTwHed the Spanish attack, is most graphically portrayed in the series "Our Xation ih War," just being issued by the Journal. Special Fine Display of Pictures.

PLAT! NOT PES Copies of Celebrated Paintings Just Received a--saw S. H. WHITE H. Q. UNDERWOOD, Attorney and Solicitor of PATENTS 107 Winconaln Telephone.

Malu 8 a. FatMt Litigation In all U. S. Courtf. 4dvarti Journal) Racine People Appreciate a Good Thing.

Everybody has, their hour of trouble. But people having an itchiness of the skin Have many hours of trouble. Nothing so annoying, nothing so irritating. Want to scratch it all the time, It's a hard and trying position. Scratch it, it becomes worse.

Leave it alone and you can hardly bear the misery. Itchiness comes in mauy forma Kcenia and horrid itching piles. Relief and cure has eonie at last. Racine has put It to the test, Doan's Ointment cure every form of Itchiness of the skin, IVople at honiw are learning that this if so. Mr.

M. Feeney, of 807 Barker street, aayat "i can recommend Dunn's Oint nieut being a most reliable remedy. 1 got a sample box of it at the Robinson Drug Co. and after applying It one or two night, it drove away the itching hemorrhoids wWeh had bothered me for a long time. I had used other preparations before for this trouble, but I nev-pr found anything to equal Doan's Ointment.

It is soothing and remarkably quick in its action, and to all who may be afflicted as I was I recommend it highly." Doan's Ointment for sale by all dealers. Price 50 cents. Mailed by Foster-Milburn Buffalo. N. sole agent? for the United States.

Remember the name Doan's and take no substitute. I) i I) Now is tbe thxe t0 prepare ftr Summer Complaints and bowel troubles. Use Dr. Page's Cholera Jt. P.

KyCo. vs. Mcl'etridgc. (Hi Wis. Mixture the original prepared only at our stores.

CAMERA SUPPLIES 3HB We carry a complete line and sell at lowest prices THE ROBINSON DRUG COMPANY EVERYWHERE. AND ALWAYS RELIABLE. 250, Chief Justice Casoday repeatedly refers fo the railroad license fees as "a tax or burden." and in State ex rel. Abbot vs. MeFetridge, 64 Wis.

ISO, the Supreme Court, in speaking of the statutes requiring railroad companies to pay license fees, announ its views in the following unequivocal language: "They im Wmm 11 11 1 PapMWsjllsgsastsw----- THE RACINE DAILY JOURNAL. VOLT mi: XXXIII. NO. 191. EACIIsE, WISCONSIN, THURSDAY AFTEBNOON, AUGUST 11, 1898.

FEICE TBSJSE CENTS. ESCAPED FROM THE ASYLUM NOTES OF THE DAY. JUSTICE BREWER SIGHT SEEING II THE OLD W0H OS COLONIES ARE READY FOR PEACE Sees Grave Responsibilities Ahead as Out Growth of War, Re. Dr. McLaren Writes of Travels in England and Fnnce.

Psgss. 1 Are Ready For Peace. Justice Brewer on Colonies. Might Seeing: in the Old World, 3 Honors For He roc. 4 Kdltorlal.

Press Comments. ff--Loral Brevities and 1'lekupa, Markets. 6 The Finding; of Diamond Pan, 7 President Angered. A Fight Reported. 8 Cooper' Address.

Found Not Guilty. RECEIVED BY MAYOR OF LONDON WE MUST PROTECT CUBA Mary Lang- Wanders oa Foot From Racine to Malem. Late last evening James Pease and another gentleman from the town of Salem brought to this city Mary Lange, a woman who was apparently insane. The woman was left at the jail during the night and this morning she was identified as an inmate of the Racine asylum for the insane. The oflieiats of the hospital called this morning and returned with her to that city.

The woman left the asylum last Saturday and wandered on foot all the way to Salem, where she was found on Tuesday afternoon. The woman acted very querrly, and the residents of the town were considerably frightened by her queer antics. Finally it was decided to capture her, but she ran away a corn field. An exciting chase followed, and the woman was finally caught and brought to this city. She is hopelessly intsane but harmless.

Westminster Abbey with the Graves of the Illustrious Dead, Cannot Leave the Island Until a Stable Self-Governnient is Assured He Believes We Should Get Kid of the Responsibility for the Philippines. HOUSE OF COMMONS WAS VISITED Hostilities to Cease After Cambon Signs There is Only One Paris so the Keverend Gentleman Thinks Visits the Birth flaee of Shakespeare and of lljin Sail. For Home Friday ou the Mongolian. Spain Fully Acquainted With Our Reply and Read' to Accept Terms. TO THE GRAVE.

children while they live, then Mr. Graham is to have full, control of her until my father comes for her, which I want him to do. I want my father to have my baby and raise her. I want my baby, Neva to have all my personal effects. My body is to be shipped to my father and be buried where he resides.

I want to say to Steve Boardman, Wallace Graham, Mr. Morehead and Mr. Faifer that for the kind matter in which they treated me, I hope God will bless them for me. I hope God will forgive Rachel (Miss Morris) for the way she treated me. I want all my property and home to go to my baby, Neva, and hope his favorite lodge the Knight's of Pythias, will see that this, my last will, is carried out.

I want papa to help Wallace all he can. mis statement was completed at 6:30 p. Monday Aug. 8th, BURLINGTON, Aug. 11.

Justice David J. Brower of the supreme court who came from Washington, will spend the remainder of the summer at his cottage, at Thompson's Point. He said in regard to peace negotiations: Peace is now certain. I do not know what tho terms will be and I can only guess at what may be agreed upon by the two nations. They will compel the surrender of Porto Rico to the United States and the evacuation of Cuba by Spain.

The evacuation of Cuba brings to lis as a nation a grave responsibility aud the aftermath of the contest may prove much more troublesome than the war it-self. We proclaimed when the resolution passed congress that we would free Cuba and that we did not want it ourselves. Now- if we drive the Spanish from Last Obsequies of the Late Thomas Byard at St. Lukes Church This Afternoon. Spanish Newspapers Say Further Loss of Life Will be the Goverments Fault Spain's Answer To Peace Protocol Is Expected Tomorrow.

USES HIS GOOD OFFICES. 1898. Mr. Boardman would not give out this paper until Mrs. Orr was dead.

He says her father's name is W. C. Barker, that he resides at Waupun, and that at present he is very low and in destitute circumstances. is 82 years of age. Mr.

Boardman says John T. Orr, has a sister, Mrs. T. Deal residing iu Denver Colorado. CAUSED jj ILLICIT LOVE, Three Men and One Woman Meet Death--Th8 Peacemaker as Usual Was Killed, Sec'y.

Day Averts Trouble Between Italy and Columbia. WASHINGTON, Aug. 11. By exercising the good office of the United States tactfully, Secretary Day has probably succeeded in averting a severe crisis in the relations between Italy and Coiom-bit, growing out of the Cerruti affair. A cablegram was received at tho state department today from Rome, saying out of regard for the United States the Italian gnufiBsfnl had telegraphed Admiral andinani at I'arthagenia, (YJomhin, to give the Colombian government eight months' time in which to settle with Osrratfl credior under the terms of President f'leverand's award.

While Colombia has not yet bessj utard from in acceptance of this proposition) It is nt doubted here Mil that it will Im accepted. IN OVERWHELMING NUMBERS. Eight Hundred Spaniards Attack Forty Americans and Are Driven Off Losing 100 MenTariff Rates for Porto Rico. OMAHA. Aug.

11. The Bees' Dead-wood, D-, special says: Three men dead and one woman dying is the net re-stilt of the shooting affray ut Central City this morning. Judge J. P. Gli dings, Ed Shannon and Jack Wear are the men; Mrs.

Ed Slut an on, the womnn Shannon had boarding houses at Terry aWASHINGTOX, Aug. II. There is little expectation entertained here or the receipts of Spain'3 answer regarding the peace protocol London, Aug. 11. All Madrid advices to-day regard it as certain that Cambon will receive authority this evening to sign the protocol.

Official advice? nere regard the reply of the United States to Spain fn the peace twgotiutiTsns a being satisfactory. It is known the Spanihh government is perfectly atuainted with the principal putau of the UuitfHl States reply und is resdy to asssads to them. It is believed in ortUiai circles tlu su. pension 0 hotiltie will be unuounccd by both government iiruneilittU'ly after Cambon sigrunl tue protocol, The eabtne met thr momrng but i' journed, trw fuJI t-xt of the protocol uot having leen received from Washington, and the session will be hWd this afternoon. BagasU denies that he authorized, the French ambassador at.

Washington, a to the report, of Spain, making changes in the Spanish atfrongemett. "as regards certain conditions which might create difficulties durng the course of negota-tioas. The premier added, "If any changes are to be made the government itself will maOce them. The text of the United States will not be definitely known until after comiiig frim the cabinet meeting. WA-.

rs IMMEDIATE PEACE. The Liberal expresses the belief that McKmley "replied to Spain's note with suspicious rapidity." It adds: "We accept the sacrifice knowing the responsibility faiLis upon the government. The best course is to avoid all useless proceed-ure while the dip'omats are quibbling. It is itseless to make diMitictons in language to reach a conclusion which is inevitable and ajready known while our blood 0 ntinuea to flow in Porto Rico and Manila. During the last three years we have sacrificed too much blood.

It is time to end it and this is the only aspect of the question that at present can be considered. Anyway the press is unable to disclose its other aspects. All delay in concluding an armistice is and Central City. He staid nights at Terry, leaving his wife to look after the Cuba and leave her without any forcible interference, it will be greater ruin than to have left the Spanish there. We owe it to Cuba to preserve order by force, whether it may be one, two or five years, until she shall prove herself capable of self government.

believe that to leave Cuba without an established government to hold her people in check would be to precipitate horrors worse than those of the French revolution. Our obligation to Cuba is not fulfilled until the complete establishment of self government. Taking possession of Torto Rico in called by men of the army and uavy us a wie precaution, I suppose every civilian should abide by their judgment Wo have, however, to manage the Hand, which i tier of the grave! dMBeah if. The inhabitant are not lit for self-government. A colonial administration such as European nation have established, seem to us a violation of our ldea-1 of self government.

I suppose we will have to try though, The possession of Hawaii seems justified by the argument of military and naval men, that the people arc easy of government and are not turbulent or quarrelsome. I think Hoar's speech upon this matter is the best resume of the subject pro and con which I have seen. So far as -the Philippines are concerned some men high in authority have told us we must at least have a coaling station there. Beyond that while we do not know the president's views upon the matter, I think we should be relieved from responsibility as soon as we can fairly. I am directly opposed to the introduction of colonial system iu that portion world.

It is not the mere matter of territory or distance. We took Alaska but its population was small and their coming in as a part of United States did not affect us: but, to bring in from one country six to ten million savages as a part of our national existence, is to my mind, freighted with untold dangers. If we can get rid of the responsibility and do justice to the people there, I hope we will do so. I believe in following the advice of George Washington, to avoid all entanglements and alliances, and in the Monroe Doctrine. other places.

This morning Shannon re turned to Central City and roused Judge Giddings. Just what happened in the oilice no. one knows, but they suddenly The body of Private Thomas Byard arrived from Jacksonville, at 3:55 yesterday afternoon, via the Chicago Northwestern railway, in charge of First Lieuu Ward C. A large crowd of ieople were at the depot and expressions of sorrow were heard on all sides, that too brave and popular young scJdier had passed away. When the bouy was removed from the car an American flag was draped over the rough box.

The pafll bearers, Otto Wolff, trails; Bassinger, William Drew, Hugh Jones, Joseph Pallca ad Ben Cape removed the casket from the box and carried it to the hearse and it was conveyed to the family residence on Main street by the Porter Furniture company, followed by Mr. and Mrs. J. W. Bpenoe, Lieut, demons, Col, W.

B. Dutton, Hon. T. IjcwFs and others, in carriages. The funeral was held at 2 o'clock this afternoon from the St.

Luke's church, Rev, Arthur Piper officiating. Tha ehurcQ was filled with mourning friend fid relative, while crowds stood upon the sidewalks outside. The beautiful and solemn Episcopal service was used and tho choir sang appropriate, liyniiis. There were many beautiful floral pieces, one being a shield, composed of choice flower, red, white and blue predominating, from the members of Company who are way down in eiorida and not able to be present. From tho pdlice department there was a grand floral hag; there were also many other pieces, aud the casket was simply buried beneath the flowers, as a last tribute to one of Racine's beloved sons, who died for the flag and line of country.

Capt- Greeley. Chief of Police Johnson and Thoma Graham, a floral lyre. Members of the police force, fire department. Sons of Veterans Military ex-members of the National guards and the u. A.

R. were present in a body aiul the cortege to the grave was a long one. Nearly every flag in the city was placed at half mast out of respect for the dead soldier. It is seldom that a young man passes away and the sorrow and regret is so universal among all classes of people, as is the case in the death of private Byard. He was known in all the walks of life in Racine.

Having a kind and genial disposition he made friends everywhere and consequently became verv popular. With the members of the police force and in the fire department he waa a favorite and pet and in social circles he was always sought after. No one ever know him to commit a dishonest act or a mean trick against his fellow men. He was a dutiful son and the promptness with which he enlisted and went to the front is evidence of his value as an American citizen and one who was ready to lay down his life for the flag. His death Is a great loss to the entire community and a terrlb'e blow to hi father and mother, being the only son and child.

The sympathy of tho entire community, of the members of Co way down in Florida, and of the en-tiro First regiment, will be extended to tlieni Iu their sad hour of ntllictioti. burst ilnto the street engaged in a death struggle. Jack Wear attempted to separate them arid was shot and killed. Shannon then killed Giddings, went to hi3 wife's bedroom and beat her about the head with a revolver til he though he had kilfled her, then shot himself. All the parties are well-to-do.

The woman cannot recover. Intima'cy between Giddings and Mrs. Shannon is the alleged Dear Readers of the Journal: My last letter was sent you from the green hills of Passing along the northern coast with its giant's causeways and its romantic scenery our first real landing was Liverpool. Here we are first introduced to the British method of handling baggage which impresses upon us the truth of the old adage that "the world was not made iu one day." If you would know how slow are the movements of the English people as compared with the Americans, just stand and wait while they "book your luggage." Mauy readers of the Journal know this from experience- We can handle more baggage in one hour in America than they can in Kngland in three hours, and this is largely due to the fact that in Europe they refuse to adopt the American checking system. Instead of hitchinig on a check in a moment, as we do, you must accompany a porter or "guard" to a "booking office," and while he is goiug th rough the lengthy performance, of "booking your luggage," the trains may conclude to start otT without you, leaving the poor tourist standing there in anything but a praying or pre mood, grinning like a basket of chips.

There are many object of iuteict iu Liverpool, but for the writer, who had but a few hour to spend, there wu ouly one source of HH'iul Interest, via, to wi the church of the ureal author of "Be-side the Bonnie Brier Bush." Ye, to inert the great spirit with whom I had ent so pleasant an evening two year ago in Boston. Un presenting my card I WaM shown immediately to the study of the great hearted creator of Buvuhray, Margaret How and the sweet Dr. Mc-Cture. He met me with a tlrm bund and a warm heart and a kindly face, whsss the sun shines upon a fallow Setd and the rough furrows melt into warmth and beauty. The influence of Mich a visit no man can put on paper nor eveii tell to his neighbor; and he ought not to try.

Hut those who are admitted to that study will surely feci that from that precious heart ccrds have been touched that have vibrated all around the world. Dr. Watson is a true frend of America and seems to be in full sympathy with us in our present struggle. I knew enough not to prolong the visit, beyond a reasonable time (busy ministers who like short calls from others ought to practice what they preach.) When about to depart, the doctor presented me with a volume of his latest work, viz. "Companions of the Sorrowful Way," and on the fly leaf he wrote these words, "From John Watson lo Rev, Jas.

II. McLaren, iu remembrance of Liverpool." CHESTER. The next important stop is Chester, one of the most famous cathedral towns in Europe, venerable for age. rich in history, picturesque and beautiful in scenery, not to speak of its cathedral and castle. It is said to be the one town the Cnited K-ngdom whose ancient Roman walls liave endured the' ravages of time and siege and decay, aud is still pre-eminent In the survival of the picturesque domestic architecture of the sevenetecnth century.

The plan of the city, cimimsnding te mouth of the river Ie, is in great part that of a Roman camp and is one of the gate of W.ile. Here for 000 yetr was stationed the historic Twentieth legion tho Vie-trlx. Only live mile from Chester is Haywardtu, the heme of Gladstone, Like most cathedral towns, Chester is unlet and slow, but it is one of th pi act- where tourists love to linger. At least this wa true Dr. Johnson, wfco said "I have come to (heater, maeun.

I can not tell how. and far less can. 1411 how to get away from It." STBATFOKD-ON-AVON. But we must not linger long in Chester, charming though it be, for the home of the immortal Shakespeare is near us and we must see that if we see nothing else. We reaeh the beautiful village, resting peacefully in the valley tsf the Avon, amidst iu beautiful rural scenery.

Everything is Shakespearean the houses, the signs, the advertisements, and alas to a large extent, the grammar. We enter the room where' the great poet was born. Everything in the house is made to represent, so far a3 possible, the THE POPE IS SLIGHTLY ILL, NEW YORK, Aug. 11. A special cable from Cape San Juan, Porto Rico, says that a force of Spaniards, estimated at 800 men.

made an assault upon the lighthouse there before daylight Tuesday in the hope of retaking it from the Americans, but were driven off with heavy loss, leaving 100 of their number dead on the beach. Forty sailors from the American vessel, commanded by Lieut. Atwater, Assistant Engineer Jenkins, Ensign Bronson and Gunner Campbell Nere jy" the lighthouse, and this small force, assisted by the Cincinnati, the Amphitrite and the Leyden, which threw shells into the Spanish troops, repulsed the enemy in spite of overwhelming odds. NEW TARIFF DUTIES. WASHINGTON, Aug.

II. A substitute telegram was sent Miles today giving him directions as to the tariff and other changes in Porto Rico. The new duties will be similar in general outline to those put in force preliminarily at Santiago. The regular tariff schedule for Porto Rico will he prepared soon. Alger and Griggs had a conference with the president over plans for the government of Porto Rico.

A telegram waa sent to General Miles outlining the status of affairs to date. Shows Symptoms of (iastric Inflsmatlon But Is In Good Spirits. ROME, Aug. 11. Dr.

Lappont and all tho vat i cian authorities confirm the statement that the Pope's illness is The doctor did not stay all night at the vatician. The Pontiff shows symptoms of gastric inflamation but partook of some nourishment last evening and was in excellent spirits. This morning at 5:30 he celebrated mass. Dr. Lapponi visited the Pope at 8 this morning.

RODE ON SIDEWALKS, TROOPS FOR ALASKA. Three Hundred Men to be Sent There to Preserve Peace. WASHINGTON, Aug. 11. Gen.

Mar-riam commanding the department of Columbia has been given full power in the matter of military affairs in Alaska He telegraphed the department the last boats were about to leuve for the Yukon country, ami it might be necessary to send some portion of the army there to insure public peace. Probably he will send two or three hundred men including a battery of Three Chicago Wheelmen ArrestcJ for Rilling on Walks But Let Ou. Between 1 and 2 o'clock this morning policeman John Goetz captured three men who were riding their wheels on the sidewalk, on upper Wisconsin street. The patrol wagon was called and the three men were brought to the police office. They explained that they were three Chicago business men, on the way from Chicago to Milwaukee.

Not knowing tbe way Into the city they Inquired of a wheelman going south and were told to take the sidewalk a Uoeh north from the College and then turn west to College avenue ami they followed inat ructions, when the policeman captured them, Chief of Police Johnson was called up by telephone aud when made acquainted with the facts ordered that the wheels of the men be brought to the police office and that they be allowed to depart, and the instructions were carried out. SCHOOL NOT DANGEROUS, Supt. Estabrook and Com. Corse Report Fifth Ward School Building Safe. This morning Supt.

Estabrook and School Commissioner James Corse, made an inspection of the old Fifth ward school building, with a view of Ascertaining just how much truth there Is in the reports that the structure dangerous. Mr. Corse, who is a practical builder, crawled under the floor of the lower room and found that tho floor Was supported by heavy brick piers mid that the Umbers were as sound as the day they were put in. iu fact there was not the slightest danger, In his opinion, of tho floors collapsing. So far us the floor sagging to the center, litis was true, but not to sttetl an extent as reported.

In regard to the upper rooms being a fire trap, Mr. Corse and the superintendent report that there are four exits large enough for nil scholars to escape and they did not believe there was so much danger from that direction as reported. They will, however, advise that tire fire drill be kept up in the schools as formerly. Played Whist. Last rdght the Milwaukee and Heyer whist club played a game at the rooms of tho home club for the Fhister trophy.

Racine won by two tricks. The opposing teams were Palmer and Dietrich and Gates and Carpenter of the Heyer club and Oomstoek and Wilson and Kun-der and Mark well of Milwaukee. Forty decks wee played. LAST THOUGHTS OF HER CHILD. Mrs, John Orr Thluks Osly tta Baby Mha On earth.

CLARENDON, Aug 11. This little city ha reassumed Its Usually quiet conditions. The bodies of the four negroes, victims of Tuesday night's mob will be buried across the river todnv. Tho body of Mrs. Jno.

T. Orr, who killed herself in jail, has been removed to her residence for preparation for burial. Her little three year old baby is with K. A. Fnifer.

a friend of the family. Wallace Graham, Orr's partner in business received a letter from Mrs. Orr's stepmother at Mauston-. but he has not made the contents public. Mrs.

Orr's remains will probably be sent to her father in Mauston for interment. S. Boardman has given out a written statement prepared by Mrs. Orr Monday afternoon, just before she took the fatal dose. It reads "I want my baby Neva to stay with Mr.

Faifer, with his REVOLUTION STAMPED OUT. WASHINGTON. Aug. 11. The Guate-aastian minister, Arriaga wired the Asso- OBITUARY, Tohmton, Mrs.

John Johnson, one of the oldest residents of Racine county died last evening at 7:30 at her home in Yorkville, of dropsy, aged 79 years. Deceased had been a sufferer for several years. Her maiden name was Laura Ann Vincent and she was a native of New York state. Her first husband Wm. Simmons died in 1860, and Oct.

13, 1861 she was married to John Johnson of Yorkville, and has made that town her home ever since. Her husband alone survives her. The funeral will take place from the viu jug uidut i.iiai. ue Eft bad received a cable from his govern WEATHER. CHICAGO, For Wisconsin, Ang.ll Fair tonight and Friday; cooler tonight, fresh north westwinds this p.

and tonight becoming variable. ment saying the 'revolution had been quickly supresed. Peace prevails in Guan temala. COMMISSIONERS TO HAWAII, SAN FRANCISCO, Aug. 11.

The steamer Mariposa conveying the Hawaiian commissioners and 154 men of the First New York volunteers to Honolulu, sailed this morning. I home Saturday at 2 p. and the bur- Iron Moulders' picnic Lincoln park, Saturday afternon and eve, Aug. 13. All snsuubcrs meet at tuii.

I. O. F. picnic, Lutz park Sunday, Aug. ial will be in the Union Grove cemetery.

Picnic in Midway, Aug. 1. a appearance oi 300 year, ago. The small, THE TtACllNE DAIjLY lBI'BSDAY AI TEBiXOOy, AUGUST 11, 1898, 5 1 1 low kitchen with its large fireplace, tbe BtMsBsMpMl and oomforUibla "ingte which ta visitor ailowed jgreat preacher Dr. Joseph Parker, are soma of tha features of she convention worthy of special mention, and also the da spent at the Crystal Palace.

My filial dl may be pleased to know that I ffi SPARROWS IH QBSAT LUCK. WJSSSSSSErB IsnV (irwuMuru (n Dales, Bo, rv jjtyrTsVsriir allsWssssT: il Sal Mass I mmmtyjg fjQ -JsW othae ftw in fha vl WIT OF PCilCC C7 JCsH ll rsfnred by a Happy OoDBtlo mi Clrcu ISsSSSBSSMS in t'uloii Prom the New York Sun: People Innnui tha nthas rt in Ifuslr 'nil. War or Peace Here also are wrikia-l r.pu and numerous relies of great ia.